§ 10-18-2-16 — Eminent domain

Indiana § 10-18-2-16

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 18: WAR MEMORIALS
• Ch. 2: World War Memorials

Text

(a) A county executive, acting jointly with
the board of public works of a city located in the county to acquire
grounds, real property, and interests in real property, by purchase or
condemnation for any of the purposes authorized by this chapter, may
proceed under IC 32-24, together with all the powers of eminent
domain granted under this chapter.
(b) Before a county executive may purchase real property or
interests in real property, by the county, jointly by the county and a city
located in the county, by the county executive or board of trustees, as
provided in section 11 of this chapter, or by the county executive acting
jointly with the board of public works of any city located in the county,
the county executive must have the real property appraised at its true
cash value by at least:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana. One (1) of the appraisers described in
subdivision (2) must reside not more than fifty (50) miles from the
property. The county executive may not pay more than the appraised
value for any real property and interests in real property.
(c) If an owner refuses to sell real property at the appraised value,
the property must be acquired by condemnation. If a county acts alone,
an attorney representing the county shall conduct all the legal
proceedings necessary in the purchase or condemnation of real
property. The legal department of a city and an attorney representing
the county, if the county and city act jointly under this chapter, shall
conduct all the necessary legal proceedings, without additional
compensation, for the purchase or condemnation of real property.
(d) If a county acquires real property for any of the purposes
provided for by this chapter or joins with a city located in the county in
the acquisition of real property for any of the purposes provided for in
this chapter, the county, acting by and through its county executive, or
the county, by and through its county executive acting jointly with any
city located in the county, by and through its board of public works,
with the approval of the mayor, may sell the buildings and
improvements on the real property.
(e) The net rent or proceeds of the sale of the building and
improvements on the real property at a war memorial, if the real
property was acquired by the county, shall be added to and become a
part of the county world war memorial fund. If the real property was
acquired by the county and any city located in the county jointly, the
rent and proceeds of sale shall be added to the county world war
memorial fund and the city world war memorial fund in the same
proportions that the city and county contributed to the acquisition of the
real property, buildings, and improvements, or the county.
(f) The county and a city located in the county acting jointly, as
provided in this chapter, may convey any real property acquired to the
state. The contract with the state must provide for the rent of buildings
and improvements on real property, until necessary to remove the
buildings and improvements, and for the sale of the buildings and
improvements if the real property is needed by the board of trustees for
world war memorial and other public purposes. The contract must
provide how the net rent or proceeds will be applied.
(g) If a county institutes proceedings to condemn any real property
or interests in real property or other property under this chapter, the suit
must be brought:
(1) in the name of the county;
(2) by an attorney representing the county; and
(3) at the direction of the county executive.
(h) If the joint condemnation of real property under this chapter is
by a county and by a city located in the county, the suit must be brought
in the name of the county, as provided in this section, and in the name
of the city by its legal department, without additional compensation, at
the direction of the board of public works. The county, or the county
and the city jointly, may:
(1) join in one (1) action naming as defendants the owners and all
persons interested in one (1) or more tracts of real property to be
condemned; or
(2) institute proceedings to condemn separate tracts of real
property.
[Pre-2003 Recodification Citation: 10-7-1-16.]

Legislative History

As added by P.L.2-2003, SEC.9. Amended by P.L.113-2006, SEC.8.